15 U.S.C. § 6102 : US Code - Section 6102: Telemarketing rules

Search 15 U.S.C. § 6102 : US Code - Section 6102: Telemarketing rules

(a) In general
(1) The Commission shall prescribe rules prohibiting deceptive
telemarketing acts or practices and other abusive telemarketing
acts or practices.
(2) The Commission shall include in such rules respecting
deceptive telemarketing acts or practices a definition of deceptive
telemarketing acts or practices which shall include fraudulent
charitable solicitations, and which may include acts or practices
of entities or individuals that assist or facilitate deceptive
telemarketing, including credit card laundering.
(3) The Commission shall include in such rules respecting other
abusive telemarketing acts or practices -
(A) a requirement that telemarketers may not undertake a
pattern of unsolicited telephone calls which the reasonable
consumer would consider coercive or abusive of such consumer's
right to privacy,
(B) restrictions on the hours of the day and night when
unsolicited telephone calls can be made to consumers,
(C) a requirement that any person engaged in telemarketing for
the sale of goods or services shall promptly and clearly disclose
to the person receiving the call that the purpose of the call is
to sell goods or services and make such other disclosures as the
Commission deems appropriate, including the nature and price of
the goods and services; (!1) and
(D) a requirement that any person engaged in telemarketing for
the solicitation of charitable contributions, donations, or gifts
of money or any other thing of value, shall promptly and clearly
disclose to the person receiving the call that the purpose of the
call is to solicit charitable contributions, donations, or gifts,
and make such other disclosures as the Commission considers
appropriate, including the name and mailing address of the
charitable organization on behalf of which the solicitation is
made.
In prescribing the rules described in this paragraph, the
Commission shall also consider recordkeeping requirements.
(b) Rulemaking
The Commission shall prescribe the rules under subsection (a) of
this section within 365 days after August 16, 1994. Such rules
shall be prescribed in accordance with section 553 of title 5.
(c) Enforcement
Any violation of any rule prescribed under subsection (a) of this
section shall be treated as a violation of a rule under section 57a
of this title regarding unfair or deceptive acts or practices.
(d) Securities and Exchange Commission rules
(1) Promulgation
(A) In general
Except as provided in subparagraph (B), not later than 6
months after the effective date of rules promulgated by the
Federal Trade Commission under subsection (a) of this section,
the Securities and Exchange Commission shall promulgate, or
require any national securities exchange or registered
securities association to promulgate, rules substantially
similar to such rules to prohibit deceptive and other abusive
telemarketing acts or practices by persons described in
paragraph (2).
(B) Exception
The Securities and Exchange Commission is not required to
promulgate a rule under subparagraph (A) if it determines that -

(i) Federal securities laws or rules adopted by the
Securities and Exchange Commission thereunder provide
protection from deceptive and other abusive telemarketing by
persons described in paragraph (2) substantially similar to
that provided by rules promulgated by the Federal Trade
Commission under subsection (a) of this section; or
(ii) such a rule promulgated by the Securities and Exchange
Commission is not necessary or appropriate in the public
interest, or for the protection of investors, or would be
inconsistent with the maintenance of fair and orderly
markets.
If the Securities and Exchange Commission determines that an
exception described in clause (i) or (ii) applies, the
Securities and Exchange Commission shall publish in the Federal
Register its determination with the reasons for it.
(2) Application
(A) In general
The rules promulgated by the Securities and Exchange
Commission under paragraph (1)(A) shall apply to a broker,
dealer, transfer agent, municipal securities dealer, municipal
securities broker, government securities broker, government
securities dealer, investment adviser or investment company, or
any individual associated with a broker, dealer, transfer
agent, municipal securities dealer, municipal securities
broker, government securities broker, government securities
dealer, investment adviser or investment company. The rules
promulgated by the Federal Trade Commission under subsection
(a) of this section shall not apply to persons described in the
preceding sentence.
(B) Definitions
For purposes of subparagraph (A) -
(i) the terms "broker", "dealer", "transfer agent",
"municipal securities dealer", "municipal securities broker",
"government securities broker", and "government securities
dealer" have the meanings given such terms by paragraphs (4),
(5), (25), (30), (31), (43), and (44) of section 78c(a) of
this title;
(ii) the term "investment adviser" has the meaning given
such term by section 80b-2(a)(11) of this title; and
(iii) the term "investment company" has the meaning given
such term by section 80a-3(a) of this title.
(e) Commodity Futures Trading Commission rules
(1) Application
The rules promulgated by the Federal Trade Commission under
subsection (a) of this section shall not apply to persons
described in section 9b(1) of title 7.
(2) Omitted